Visitor visa denial for my sister

navdeepjain

Registered Users (C)
Hi,

I am working on L-1 in US since Jan 2010. I want my elder unmarried sister to visit me for few weeks for a pleasure trip.
She went to New Delhi consulate for visa interview on 13th May 2011 but was denied after asking few questions.
My sister is working as Scientist in pharmaceutical company since 11 years, has her own house, car, etc in India, but she is unmarried with age above 40 years.
We are not sure on what basis she was denied visa as visa officer just told that his system doesn't allow to grant her visa.
The questions she was asked;
Q : who is there in US
A : My brother
Q : What he is doing
A : Working as a software engineer on L1
Q : Are you travelling with some one?
A : My father, but he is not well couldn't come.
Q : What do you do?
A : I work for pharmaceutical company
Q : That I know, but what you do?
A : I work as a Manager for pharmacokinetics and carry out bioequivalent studies.

After that she was denied and handed over a booklet.

Few things that may have gone wrong here may be,
1. My sister's designation is Scientist-I but she said Manager which is her role & responsibility.
2. My Father and sister applied together stating they will be travelling together and also scheduled a interview. But as my father's health was not good he denied going to US and also for interview. Due to short decision we were unable to cancel his interview.

I had sent her all the required documents in early Feb 2011 as sponsor to her and she has all the required documents necessary.

I am planning to come back for good by July end and want my sister to visit US latest by June 2011.

Can she reapply immediately again for visa?
What she should do best to increase her chances of getting visa?
Is it okay if I am sponsoring her trip including tickets?
Will my documents sent in Feb 2011 will still eligible to show as relevant documents or I need to send new set again?
We do not have any denial letter \ number from previous interview. Is that okay while reapplying?
As Mumbai consulate was closed she has to go to New Delhi but now Mumbai consulate is open again? Will this make any difference.

Please assist\help in this matter in best possible way.

Thanks
Navdeep
 
You said: "I had sent her all the required documents in early Feb 2011 as sponsor to her and she has all the required documents necessary."

It seems that your interference has unintentionally sabotaged her chances. Sabotage in the sense: "action to defeat or hinder a cause or an endeavor". She was seen as an intending immigrant who failed to overcome that statutorily mandated presumption.

INA 101(a)

(15) The term "immigrant" means every alien except an alien who is within one of the following classes of nonimmigrant aliens:

(B) an alien (other than one coming for the purpose of study or of performing skilled or unskilled labor or as a representative of foreign press, radio, film, or other foreign information media coming to engage in such vocation) having a residence in a foreign country which he has no intention of abandoning and who is visiting the United States temporarily for business or temporarily for pleasure;

INA 214

(b) Every alien (other than a nonimmigrant described in subparagraph (L) or (V) of section 101(a)(15), and other than a nonimmigrant described in any provision of section 101(a)(15)(H)(i) except subclause (b1) of such section) shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and the immigration officers, at the time of application for admission, that he is entitled to a nonimmigrant status under section 101(a)(15) . An alien who is an officer or employee of any foreign government or of any international organization entitled to enjoy privileges, exemptions, and immunities under the International Organizations Immunities Act [22 U.S.C. 288, note], or an alien who is the attendant, servant, employee, or member of the immediate family of any such alien shall not be entitled to apply for or receive an immigrant visa, or to enter the United States as an immigrant unless he executes a written waiver in the same form and su bstance as is prescribed by section 247(b) .
 
You said: "I had sent her all the required documents in early Feb 2011 as sponsor to her and she has all the required documents necessary."

It seems that your interference has unintentionally sabotaged her chances. Sabotage in the sense: "action to defeat or hinder a cause or an endeavor". She was seen as an intending immigrant who failed to overcome that statutorily mandated presumption.

INA 101(a)

(15) The term "immigrant" means every alien except an alien who is within one of the following classes of nonimmigrant aliens:

(B) an alien (other than one coming for the purpose of study or of performing skilled or unskilled labor or as a representative of foreign press, radio, film, or other foreign information media coming to engage in such vocation) having a residence in a foreign country which he has no intention of abandoning and who is visiting the United States temporarily for business or temporarily for pleasure;

INA 214

(b) Every alien (other than a nonimmigrant described in subparagraph (L) or (V) of section 101(a)(15), and other than a nonimmigrant described in any provision of section 101(a)(15)(H)(i) except subclause (b1) of such section) shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and the immigration officers, at the time of application for admission, that he is entitled to a nonimmigrant status under section 101(a)(15) . An alien who is an officer or employee of any foreign government or of any international organization entitled to enjoy privileges, exemptions, and immunities under the International Organizations Immunities Act [22 U.S.C. 288, note], or an alien who is the attendant, servant, employee, or member of the immediate family of any such alien shall not be entitled to apply for or receive an immigrant visa, or to enter the United States as an immigrant unless he executes a written waiver in the same form and su bstance as is prescribed by section 247(b) .

I couldn't get what exactly you meant by "unintentionally sabotaged her chances". Are you saying I should have not sent all required documents that I am sponsoring her travel?
My sister does have her own house, car, working in same organization since 11 years. Moreover consulate officer didn't check any documents sent by me or my sisters personal documents.
Can you please elaborate this legal language and what exactly can be done so that her chance to get visa increases and she can travel by June 2011 ?
 
If she is financially independent, why are you sending her those documents? Also keep in mind ,there is no such thing as B-2 visa sponsorship. She failed to overcome 214(b).

Are you saying I should have not sent all required documents that I am sponsoring her travel?
My sister does have her own house, car, working in same organization since 11 years.
 
If she is financially independent, why are you sending her those documents? Also keep in mind ,there is no such thing as B-2 visa sponsorship. She failed to overcome 214(b).

What I meant by sponsorship is invitation for visiting USA and taking all responsibility during her stay in US.

Can anyone suggest what approach would be best to increase her chances of getting visa?
 
Your sister fits the profile of an intending immigrant - the fact that she is unmarried and is over 40 years old will raise a huge red flag with the consular official since many people who fit this profile have historically gone to US, never to return.

Unfortunately there is nothing you can do to improve her chances of getting a visa. Even though she has some ties to India, these ties are NOT strong enough to make her want to come back to India. Your offer of financial responsibility only makes it look worse since your sister is not financially well off on her own to be able to afford this trip, remaining in the US is a huge financial incentive for her and this is a big negative.
 
I agree that she should have been funding her own vacation. Your doing so implies she is not financially well established in her job and home. It is all about appearances.
 
I agree that she should have been funding her own vacation. Your doing so implies she is not financially well established in her job and home. It is all about appearances.

So in next interview she should only show that she is paying for her trip and no other documents (Visitor invitation letter & letter to consulate from me, I-134)?

As per USCIS Purpose of I-134 is sponsorship, so should she show that?
I-134, Affidavit of Support

Purpose of Form :
To show that visa applicants have sponsorship and will not become public charges while in the United States. The sponsor must file a separate affidavit for each applicant.
 
So in next interview she should only show that she is paying for her trip and no other documents (Visitor invitation letter & letter to consulate from me, I-134)?

As per USCIS Purpose of I-134 is sponsorship, so should she show that?
I-134, Affidavit of Support

Purpose of Form :
To show that visa applicants have sponsorship and will not become public charges while in the United States. The sponsor must file a separate affidavit for each applicant.

An I-134 would absolutely result in denial.

They already have a file about her now.

Also, since she has an education and a vocation is it possible for her to get a job in the U.S. based on her education and experience. IF she wants to immigrate, she could pursue employment based visas. I mention this because that is something that would jump out at Consular Officer. She would have a base of operation (YOU) that would allow her to hunt for an employer to file an I-129 on her behalf. You have experience in the I-129 being on a work visa yourself.
 
Correct. I-134 is over-hyped for some odd reason. I acquired 4 US B-2 visas between the ages of 17 and 27 years (5 years, 2 years, 2 years and 1 year) as a Pakistani citizen and never had to present an invitation or I-134 from anyone in order to get a visit visa.


So in next interview she should only show that she is paying for her trip and no other documents (Visitor invitation letter & letter to consulate from me, I-134)?
 
An I-134 would absolutely result in denial.

They already have a file about her now.

Also, since she has an education and a vocation is it possible for her to get a job in the U.S. based on her education and experience. IF she wants to immigrate, she could pursue employment based visas. I mention this because that is something that would jump out at Consular Officer. She would have a base of operation (YOU) that would allow her to hunt for an employer to file an I-129 on her behalf. You have experience in the I-129 being on a work visa yourself.

While filing the DS-160 details of I-134 is not required also in last interview officer didn't ask for any documents. Only in her DS-160 she has mentioned that trip is paid by brother as my father was suppose to travel with her.
But as my father is not interested in coming her she would alone be travelling. In this case can she just file fill the DS-160 without mentioning who is paying for funds.

In this forum everyone is just pointing negative that is already happened. Can someone will able to guide what is the best thing to do at this moment to increase her chances of getting visa?
 
http://travel.state.gov/pdf/refusalratelanguage.pdf

At the bottom of this linked document are the B visa refusal rates by county from 2006 through 2010.

One example is India which went from 19.5% in 2006 to 26.8% in 2010 but it peaked at 28.7% in 2009. The main document tries to explain something about why and what it means. It does not do a very good job of it.

Anyway, she is likely unable to overcome INA 214(b) as presumed intending immigrant and is inadmissible as an immigrant without an immigrant visa under INA 212(a)(7) and possibly (because of her profession) also under INA 212(a)(5)(C).

There seems to be some very bad advice floating around in certain immigrant communities that the U.S. based person needs to make some kind of big showing of documents for alien relatives to come for a visit. I call this delivering a "sucker-punch" to the foreign based relatives' chances of being viewed as a real "tourist" merely seeking a tourist visa. The numbers support that. Folks like that only increase refusal rates by sticking their noses in other people's business. I mean the U.S. relative interfering in the foreign located relatives "tourist" visa application cases. If you can't afford to make a two or three week trip for a vacation based on your own evidence, you are not going to get a "tourist" visa.
 
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My sister got the visa at Chennai consulate. Be positive and keep yourself prepared. Read my post to get an idea...
 
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